Thursday, September 21st

Attorney General Lockyer Files Lawsuit Against “Big Six” Automakers for Global Warming Damages in California
California Attorney General Bill Lockyer has filed a lawsuit against leading U.S. and Japanese auto manufacturers, alleging their vehicles’ emissions have contributed significantly to global warming, harmed the resources, infrastructure and environmental health of California, and cost the state millions of dollars to address current and future effects.

Filed in U.S. District Court for the Northern District of California, the complaint names as defendants: Chrysler Motors Corporation, General Motors Corporation, Ford Motor Company, Toyota Motor North America, Inc., Honda North America, and Nissan North America. The lawsuit is the first of its kind to seek to hold manufacturers liable for the damages caused by greenhouse gases that their products emit. Lockyer filed the lawsuit on behalf of the People of the State of California.

The complaint alleges that under federal and state common law the automakers have created a public nuisance by producing “millions of vehicles that collectively emit massive quantities of carbon dioxide,” a greenhouse gas that traps atmospheric heat and causes global warming. Under the law, a “public nuisance” is an unreasonable interference with a public right, or an action that interferes with or causes harm to life, health or property. The complaint asks the court to hold the defendants liable for damages, including future harm, caused by their ongoing, substantial contribution to the public nuisance of global warming.

As stated in the complaint, the automakers produce vehicles that emit a combined 289 million metric tons of carbon dioxide in the United States each year. Those emissions, the complaint alleges, currently account for nearly 20 percent of the carbon dioxide emissions in the United States and more than 30 percent in California. The defendants rank “among the world’s largest contributors to global warming and the adverse impacts on California,” according to the complaint.

The filing comes as Lockyer fights the auto industry’s attempt to invalidate California’s landmark global warming regulations curbing tailpipe emissions. In their federal-court lawsuit, the automakers claim the regulations, adopted in 2005 through legislation sponsored by Assembly Member Fran Pavley, are pre-empted by federal law. Lockyer is defending the rules against the industry’s legal challenge.

Lockyer noted the Bush Administration’s inaction on global warming has forced California and other states to take action on their own. The U.S. Supreme Court is currently reviewing a lawsuit filed by Lockyer, 11 other Attorneys General, two cities and major environmental groups challenging the U.S. Environmental Protection Agency’s (EPA) refusal to regulate greenhouse gas emissions. Numerous parties have submitted amicus briefs supporting the states, including climate scientists, three former EPA Administrators, former Secretary of State Madeleine Albright, and environmental and religious groups.

In addition, Lockyer, along with nine other state Attorneys General, the District of Columbia and the City of New York, filed a lawsuit earlier this year challenging the Bush Administration’s new fuel economy standards for SUVs and light trucks. That complaint alleges the rules fail to address the effects on the environment and global warming.

California is particularly vulnerable to global warming impacts. According to a report recently submitted by the Climate Action Team to Governor Schwarzenegger and the California Legislature, the consequences of climate change in California will be “severe.”

Eric Miller (editor@newcolonist.com), on 09.21.06 @ 07:51PST

Wednesday, September 13th

A.G. EDWARDS ANNOUNCES RESULTS OF 2006 “NEST EGG INDEX”
A.G. Edwards recently released its second annual “Nest Egg Index,” which ranks America’s 500 top-performing communities and the 50 states based on their residents’ personal savings and investing behavior. By measuring a dozen statistical factors — including participation in retirement savings plans, personal debt levels and home ownership — the Nest Egg Index shows the geographic regions where people are succeeding and where they face the greatest difficulty in building and nurturing their nest eggs.

Earning the top spot in the Nest Egg Index is Los Alamos, N.M., with a rating of 134.31 (indexed to a national average of 100). Ranking No. 2 is Connecticut’s Bridgeport-Stamford-Norwalk with a 126.20 rating. San Jose, Calif., last year’s top-ranked market, placed third with a rating of 125.93.

The communities rounding out the top 10 of the 2006 A.G. Edwards Nest Egg Index are:
4. Torrington, Conn. (120.85)
5. Minneapolis-St. Paul-Bloomington, Minn. (117.83)
6. Barnstable Town, Mass. (117.73)
7. Holland-Grand Haven, Mich. (117.14)
8. Washington-Arlington-Alexandria, D.C.-Va. (117.11)
9. San Francisco-Oakland-Fremont, Calif. (116.42)
10. Edwards, Colo. (116.24)

New to this year’s A.G. Edwards Nest Egg Index is the addition of smaller micropolitan statistical areas, defined as areas with populations of 10,000 to 50,000, allowing A.G. Edwards to study a broader assortment of communities — 934 — and rank the top 500. In total, the communities considered for this year’s expanded Nest Egg Index account for more than 90 percent of America’s population and encompass markets from the southern tip of Florida to the far reaches of Alaska.

According to this year’s findings, communities that ranked highly in the A.G. Edwards Nest Egg Index enjoy strong housing markets and show a high propensity towards saving and investing, particularly in retirement vehicles such as 401(k) or pension plans. And though these top-performing markets tend to show higher costs of living, residents still manage to keep their debt levels in check.

Despite having a population of just 18,500, top-ranked Los Alamos surpassed all other communities in household income and net worth. The city also placed second among all cities reviewed on 401(k), pension and other retirement plans penetration. Thanks in large part to the presence of employers such as the Los Alamos National Laboratory, 68 percent of workers in the area hold managerial or professional positions such as scientists, engineers, lawyers and doctors, the highest concentration of such top-level jobs in the nation, according to a recent study by American City Business Journals.

Of the 500 communities in the 2006 A.G. Edwards Nest Egg Index, 259 are classified as micropolitan and 241 are metropolitan areas according to the U.S. Census Bureau. In comparison, the 2005 Nest Egg Index looked at 318 metropolitan areas and ranked the top 200.
For a complete list of rankings by community, state, metropolitan area only and micropolitan area only, visit nesteggindex.com.

A Stately Look at Saving and Investing

Among the states, New Jersey once again ranked No. 1 with a Nest Egg Index reading of 114.55, up slightly from last year’s rating of 114.35. The other states in the top five of the 2006 A.G. Edwards Nest Egg Index are Connecticut (114.37, up from 113.98 in 2005); Minnesota (113.46, down from 113.70); Maryland (112.28, up from 111.40); and Massachusetts (111.77, even with last year).
The biggest mover among the states is Hawaii, which rose in the rankings to No. 13 from No. 21 in 2005, due in large part to a sharp increase in housing value. Other big gainers include California, which moved up to No. 27 from No. 32, and Rhode Island, which came in at No. 18, up from No. 22 place last year.

In the 2006 Nest Egg Index, 46 states had markets that fell within the top 500 communities, with only Arkansas, Louisiana, Mississippi and Oklahoma unrepresented. In addition, 30 states, as well as Washington, D.C., had communities that ranked in the top 100 markets.

Ohio had the most communities making the top 500 list at 38, followed by Indiana (36), Pennsylvania (30), Michigan (29), Illinois (25), Wisconsin (25), Iowa (24), Minnesota (22) and New York (20), all with 20 or more communities in the top 500.

Eric Miller (editor@newcolonist.com), on 09.13.06 @ 11:59PST

Monday, September 11th

Walking Home
When my husband and I decided to return to the US after five years abroad, we vowed to continue the car-free lifestyle to which we'd grown accustomed. We enjoyed the extra disposable income freed from the budgetary restrictions of car payments, insurance, maintenance and gas. Such savings enabled us to see much of Europe. We would be making our new home in Washington, D.C., and since I had never lived on the East Coast, I was excited to continue putting toward travel any extra money saved by resisting the temptation to own a four-wheeled ton of metal, this time for exploring the surrounding states. Friends were dubious about our ability to hold out. "You'll fold in a week," predicted one such naysayer. But, we were determined to survive. MORE

Eric Miller (editor@newcolonist.com), on 09.11.06 @ 19:53PST

September 11, 2006, looking back
September 11, 2001 is a day that shaped the future forward. Take a look back with a visit to some of the articles in our archives including: Hell Visits Paradise, I Am a New Yorker, Q&A: WTC Attacks and the Smart Growth Movement, Rebuilding the World Trade Center and A World Out of Touch with Itself: Where the Violence Comes From. Visit our archives

Eric Miller (editor@newcolonist.com), on 09.11.06 @ 06:37PST
Wednesday, September 6th

"Huge Oil Reserve Found In The Gulf"
That's just one of the many headlines relating to the new reserve of crude discovered in the Gulf of Mexico. Sure, it's too small to make the United States independent of foreign oil and it too will run out. Still it's not a headline Kunsler and others expected to read when predicting the end of oil, the end of suburbia, etc.

Sure, this oil is out further and deeper and likely more costly to abstract. I'm making this post because when reading predictions I imagined, from my limited knowledge, the pendulum won't swing as fast as many on this segment of the left expect. Higher-priced gasoline will mean more exploration and refining shale oil.

On the other hand, we can't assume this new reserve is the end to our oil problems. Burning of fossil fuels is by most accounts causing global warming. Whatever amounts of new oil we find it is critically importatant to reduce the buring of these fuels. On a purely economic basis, high oil costs have sent folks looking for smaller, more fuel efficient cars, and where practical, to mass transportation. Oil that's harder to extract will necessitate a higher price and lower demand.

It's no less important to continue developing in a more dense, efficient and sustainable fashion, developing and improving mass transit and improving the fuel efficiency of automobiles.

Eric Miller (editor@newcolonist.com), on 09.06.06 @ 06:33PST

NAACP, NAHB Release Groundbreaking Report On Housing
A joint housing policy report on ways to expand housing opportunity for minority households was released recently by the NAACP and the National Association of Home Builders (NAHB).

The report, “Building on a Dream,” assesses the state of minority housing and examines barriers to housing choice and affordability. It concludes with a series of joint policy recommendations designed to improve minority housing opportunity.

The report notes that despite recent gains in minority homeownership rates, the homeownership rate for African Americans is 20 percent below the national average. Half of all African Americans live in unaffordable, inadequate or crowded housing. A shortage of workforce housing in many metropolitan areas creates especially severe problems for minorities, even those employed in key community support occupations, such as police officers, teachers, firefighters and healthcare workers.

The report assesses some of the barriers to housing choice and affordability for minority families. The barriers include:

- A lack of homebuyer education for minorities;

- Excessive development regulations that drive up the cost of housing;

- Predatory lending practices that increase the cost of mortgages and the risk of default;

- Restrictions on multifamily housing that diminish the supply of moderately priced for-sale and rental housing.

- Fair Housing Act violations that diminish minority families’ access to quality housing in many neighborhoods;

In the effort to address the barriers and to improve minority housing opportunity, the NAACP and NAHB have developed a set of nine policy recommendations and related action steps. The two organizations encourage public and private institutions to establish policies that will increase the supply of affordable housing and address the particular issues that make it harder for minorities to find a decent and affordable home. The NAACP and NAHB jointly recommend policies that will:

- Provide comprehensive home-buyer education developed and promoted by public and private housing market participants.

- Eliminate predatory lending practices by better defining such practices and encouraging federal banking regulators to develop and enforce stringent anti-predatory lending regulations.

- Prevent racial discrimination through increased federal, state and local enforcement of the nation’s Fair Housing laws and education about those laws. Participants in the housing market must be aware of their responsibilities under the Fair Housing Act.

- Ensure that state and local regulatory activities do not—regardless of intent—violate the Fair Housing Act by disproportionately pricing minorities out of the housing market.

- Encourage local planning and zoning boards to accommodate a range of housing types that meet the needs of families across the economic spectrum and to acknowledge the importance of housing opportunity in their decision-making.

- Encourage government legislators, regulators and administrators to remove and avoid lengthy and costly approval processes and excessive development standards that unnecessarily drive up the cost of housing.

- Increase funding for federal housing programs, such as HOME, Section 8 rental assistance vouchers and Community Development Block Grants, in order to keep pace with the growing gap between incomes and rising housing costs.

- Maintain all existing housing preferences in the federal tax code, including the mortgage interest deduction, the Low Income Housing Tax Credit, and deductions for residential property taxes.

- Promote the production of new affordable housing by educating public and private stakeholders that affordable housing is a necessary and desirable part of their communities.

In additional to the report, the NAACP and NAHB are engaged in joint litigation in Texas to stop one city from imposing exclusionary development regulations that would push the cost of housing beyond the means of many families, in violation of the Fair Housing Act.

Eric Miller (editor@newcolonist.com), on 09.06.06 @ 04:26PST

Friday, September 1st

Pittsburgh Mayor Bob O'Connor Dies
The following is the official news from the city. I wrote briefly on the topic here: City Home News It's a sad day.

BOB O’CONNOR, MAYOR OF PITTSBURGH
December 9, 1944 - September 1, 2006

PITTSBURGH (September 1, 2006)...It is with deepest regret and great sorrow that we announce the passing of Pittsburgh Mayor Bob O’Connor today of complications from primary central nervous system lymphoma at the University of Pittsburgh Medical Center, UPMC Shadyside. Mayor O’Connor was 61.

Bob O’Connor, the 58th mayor of Pittsburgh, was sworn in on January 3, 2006. A true son of Pittsburgh, the Mayor possessed a combination of boundless enthusiasm, charm, unlimited energy and the highest integrity. He was widely recognized and popular for his ability to bring people together, from all walks of life, on issues vital to building a robust and vibrant Pittsburgh. His life and career celebrated Pittsburgh’s unique diversity.

During his term, Mayor Bob O’Connor championed the people and attractions of his city, spearheading initiatives designed to put Pittsburgh’s people and neighborhoods first. Mayor O’Connor focused on making his town the cleanest and safest city in America. Residential growth, improved service delivery, professional management of government and fiscal responsibility were the foundations of O’Connor’s administration.

Mr. O’Connor was born in the Pittsburgh neighborhood of Greenfield on December 9, 1944. He was a lifelong resident of Pittsburgh, making Squirrel Hill his home for the past 41 years. Despite his selfless and extraordinary dedication to the City of Pittsburgh, Mr. O’Connor’s work did not interfere with his devotion to his family and faith.

He is survived by his wife, Judy O’Connor; daughter Heidy Garth, son-in-law Richard and their daughters Kennedy, McKenzie and Delaney; son Father Terry O’Connor; and son Corey O’Connor.

Eric Miller (editor@newcolonist.com), on 09.01.06 @ 20:59PST

Illegal Coast Highway Bicycle Ban in Orange County (CA)
The City of Dana Point is planning to install a two-way shared bicycle/pedestrian path on the west side of Coast Highway in Capistrano Beach between Palisades Drive and Camino Capistrano. Concrete barriers will be used to create a 10-foot wide shared path, with the shoulder width on Coast Highway reduced to make room for the sidepath.

The City of Dana Point has recently enacted a local ordinance prohibiting bicyclists and pedestrians from the travel lanes and the shoulder of this section of Coast Highway both during the current construction and after the path is completed. Bicyclists are expected to use the shared use path after construction is completed. The California Association of Bicycling Organizations (CABO) considers this an illegal infringement of bicyclists' right to travel on the part of the city of Dana Point.

Recent collisions between motorists and bicyclists or pedestrians on this stretch of Coast Highway have received much attention in the press. But requiring bicyclists to use a path shared with pedestrians causes more problems than it solves, which is why Caltrans' design standards recommend against sidepaths in lieu of roadway accommodations for bicyclists. Rather than forcing bicyclists off Coast Highway, the issue of motorist behavior and accountability needs to be addressed.

It is CABO's position that the travel lane bicycling ban is illegal. The right for bicyclists to use public roads is granted by the State, and the State preempts local regulation unless specifically authorized. State law does allow localities to regulate shoulder use by bicyclists, so that part of the ordinance is valid. Ironically, with the Dana Point ordinance in place, a bicyclist would be allowed to use the travel lanes but prohibited from the shoulder. Such a situation on a two-lane road - even with a shoulder wide enough for a bicyclist to safely use - would legally require bicyclists to ride in the travel lanes thereby unnecessarily delaying motorists. This is apparently an unintended consequence of the city ordinance.

CABO wants the following actions from the City of Dana Point:

1. The City of Dana Point must repeal the illegal travel lanes bicycling ban and also repeal the unwise (though legal) shoulder bicycling ban.

2. The city must also review the planned road configuration prior to applying new striping. If the new road configuration does not retain adequate space for safe motorist passing of bicyclists, then the facility needs to be redesigned. Otherwise, bicyclists acting according to the law will have to operate in the travel lanes, delaying motor vehicle drivers.

3. In addition, we suggest that the city work with the Orange County Sheriff's Department, the City's Public Works Department, and local motoring, bicycling, and pedestrian advocacy groups to explore ways to improve safety on this section of Coast Highway for all legal users.

We urge local bicyclists, especially Dana Point residents, and bicycling clubs to contact the Dana Point City Council as soon as possible, urging them to take action based on the three points above.

Written correspondence is the most effective and can be sent to the Mayor and City Council by fax at (949) 248-9920, or mailed to the following address:

City of Dana Point
33282 Golden Lantern
Dana Point, CA 92629

The Mayor and Council Members and e-mail addresses are as follows:

Mayor: Lara Anderson
Mayor Pro Tem: Russ Chilton
Council Member: Wayne Rayfield
Council Member: James V. Lacy
Council Member: Diane L. Harkey

Richard Risemberg (rrisemberg@newcolonist.com), on 09.01.06 @ 07:37PST